FIRST FAMILY MORTG. CORP. OF FLORIDA v. EARNEST

Nos. 87-3517, 87-3518 and 87-3908.

851 F.2d 843 (1988)

FIRST FAMILY MORTGAGE CORP. OF FLORIDA (87-3517), Plaintiff, Federal National Mortgage Association (87-3518), Plaintiff-Appellee, GMAC Mortgage Corp. of Pa. (87-3908), Plaintiff, v. Elisha EARNEST, Jr., et al. (87-3517), Amelia P. Brown (87-3518), James H. Roberts, Jr. (87-3908), Defendants and Third Party Plaintiffs-Appellants, Jane Doe Roberts (87-3908), Michael G. Carlisle, et al. (87-3518), Defendants, v. Robert P. NIMMO, Administrator of Veterans Affairs, et al. (87-3517/3518/3908), Third Party Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1988.


Attorney(s) appearing for the Case

Sue Livensparger (argued), Legal Aid Soc. of Cincinnatti, Joseph V. Maskovyak, Cincinnatti, Ohio, for defendants and third party plaintiffs-appellants.

Dennis Reimer, Twins-urg, Ohio, Kriss D. Felty, for First Family Mortg.

Steven Buchenroth, Columbus, Ohio, for Federal Nat. Mortg.

Joseph E. Kane (argued), Asst. U.S. Atty., Columbus, Ohio, for Nimmo.

John G. Neal, Columbus, Ohio, for Barclays American.

Dale Williams, John Q. Braud, Asst. U.S. Atty., Columbus, Ohio, for third party defendants-appellees.

Before WELLFORD and NELSON, Circuit Judges, and PECK, Senior Circuit Judge.


WELLFORD, Circuit Judge.

Defendants-third party plaintiffs in these several mortgage foreclosure actions seek to defend against foreclosure actions against them and their residences by suing the Veterans' Administration (VA), which insured the mortgages at issue, for alleged failure to monitor the mortgagees' servicing activities and to review adequately the prospects of taking assignment of the mortgages. The district court dismissed the third-party complaints against...

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